III 

109TH CONGRESS 

2D SESSION S. RES. 365 

To provide a 60 vote point of order against out-of-scope material in conference 

reports and open the process of earmarks in the Senate. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 2, 2006 

Mr. LOTT (for himself and Mrs. FEINSTEIN) submitted the following 

resolution; which was referred to the Committee on Rules and Administration 

RESOLUTION 

To provide a 60 vote point of order against out-of-scope 

material in conference reports and open the process of 

earmarks in the Senate. 

1 Resolved, 

2 SECTION 1. OUT OF SCOPE MATTERS IN CONFERENCE RE3 PORTS. 

4 (a) IN GENERAL.—It shall not be in order in the Sen5 ate to consider a conference report that includes any mat6 ter not committed to the conferees by either House. A 

7 point of order shall be made and voted on separately for 

8 each item in violation of this section. 
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•SRES 365 IS

1 (b) DISPOSITION.—If the point of order against a 

2 conference report under subsection (a) is sustained, 

3 then— 

4 (1) the matter in such conference report shall 

5 be deemed to have been struck; 

6 (2) when all other points of order under this 

7 section have been disposed of— 

8 (A) the Senate shall proceed to consider 

9 the question of whether the Senate should re10 cede from its amendment to the House bill, or 

11 its disagreement to the amendment of the 

12 House, and concur with a further amendment, 

13 which further amendment shall consist of only 

14 that portion of the conference report not 

15 deemed to have been struck; 

16 (B) the question shall be debatable; and 

17 (C) no further amendment shall be in 

18 order; and 

19 (3) if the Senate agrees to the amendment, 

20 then the bill and the Senate amendment thereto 

21 shall be returned to the House for its concurrence 

22 in the amendment of the Senate. 

23 (c) SUPERMAJORITY WAIVER AND APPEAL.—This 

24 section may be waived or suspended in the Senate only 

by an affirmative vote of 3 25 ⁄5 of the Members, duly chosen 
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•SRES 365 IS

and sworn. An affirmative vote of 3 1 ⁄5 of the Members of 

2 the Senate, duly chosen and sworn, shall be required in 

3 the Senate to sustain an appeal of the ruling of the Chair 

4 on a point of order raised under this section. 

5 SEC. 2. EARMARKS. 

6 (a) HONESTY IN EARMARKS.—Rule XVI of the 

7 Standing Rules of the Senate is amended by adding at 

8 the end the following: 

9 ‘‘10.(a) In this paragraph, the term ‘earmark’ means 

10 a provision that specifies the identity of an entity to re11 ceive assistance and the amount of the assistance. 

12 ‘‘(b) It shall not be in order to consider any bill or 

13 amendment between the Houses or conference report on 

14 such a bill unless a list of— 

15 ‘‘(1) all earmarks in such measure; 

16 ‘‘(2) an identification of the member who pro17 posed the earmark; and 

18 ‘‘(3) an explanation of the essential govern19 mental purpose for the earmark; 

20 are available to all Members and made available to the 

21 general public by means of the Internet for at least 24 

22 hours before its consideration.’’. 

23 (b) MEMBER REQUESTS.—Prior to the consideration 

24 of a bill in the Senate, any Member who requests an ear25 mark in the bill shall file a copy of the request with the 
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•SRES 365 IS

1 Secretary of the Senate and the request shall be printed 

2 in the Congressional Record. 

3 SEC. 3. AVAILABILITY OF CONFERENCE REPORTS ON THE 

4 INTERNET. 

5 Rule XXVIII of all the Standing Rules of the Senate 

6 is amended by adding at the end the following: 

7 ‘‘9. It shall not be in order to consider a conference 

8 report unless such report is available to all Members and 

9 made available to the general public by means of the Inter10 net for at least 24 hours before its consideration.’’. 

Æ